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Courts Close the Loophole Letting the Feds Search Your Phone at the Border


Customs and Border Protection insists that it can search electronics without a warrant. A federal judge just said it can't.

Morrison noted that "reviewing the information in a person's cell phone is the best approximation government officials have for mindreading," so searching through cellphone data has an even heavier privacy impact than rummaging through physical possessions. Last year, a judge in the Southern District of New York also ruled that the government "may not copy and search an American citizen's cell phone at the border without a warrant absent exigent circumstances." U.S. citizen Kurbonali Sultanov allegedly downloaded a sketchy Russian porn trove, including several images of child sex abuse, which landed him on a government watch list.

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